Chapter 9.04 MISCELLANEOUS OFFENSES

For statutory provisions authorizing municipalities to prevent disorderly conduct, see 65 ILCS 5/11-5-3; for provisions authorizing municipalities to prevent vagrancy, begging and prostitution, see 65 ILCS 5/11-5-4.

9.04.010 Disorderly conduct.

A person commits disorderly conduct when he knowingly:

A. Does any act in such unreasonable manner as to provoke, make, or aid in making a breach of peace; or

B. Does or makes any unreasonable or offensive act, utterance, gesture, or display which, under the circumstances, created a clear and present danger of a breach of peace or imminent threat of violence; or

C. Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that the conduct and activity be stopped, and explained the request if there is time; or

D. Fails to obey a lawful order of dispersal by a person known by him to be a peace officer under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance, or alarm; or

E. Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; or

F. Appears in any public place manifestly under the influence of alcohol, narcotics, or other drug not therapeutically administered, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity; or

G. Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas, or substance, or other dangerous weapon, or conceals the weapon on or about the person or vehicle; or

H. Transmits in any manner to the fire department of any city, town, village, or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists; or

I. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in the place; or

J. Transmits in any manner to any peace officer, public officer, or public employee a report to the effect that an offense has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that such an offense has been committed; or

K. Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

L. While acting as a collection agency as defined in the “Collection Agency Act,” or as an employee of a collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy, or intimidate the alleged debtor. (Ord. 91-6 § 1, 1991)

9.04.020 Mob action.

Mob action consists of any of the following:

A. The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

9.04.025 Anti-gang and narcotics-related loitering.

A. Gang Loitering.

1. As used in this section, the terms identified hereafter shall be defined as follows:

a. “Gang loitering” means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas or to conceal illegal activities.

b. “Criminal street gang” means any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in the definition of criminal gang activity, as herein defined, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity, as herein defined.

c. “Criminal gang activity” means the commission, attempted commission or solicitation of the following offenses; provided, that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members: the following sections, as from time to time supplemented or amended, of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault – discharging firearm), 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.6 (aggravated battery of a senior citizen), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), subsection (a)(6), (a)(7), (a)(9) or (a)(12) of Section 24-1 (unlawful use of weapons), 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of Section 25-1 (mob action – violence), 33-1 (bribery), 33A-2 (armed violence), Sections 5, 5.1, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses), or Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the Illinois Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).

d. “Pattern of criminal gang activity” means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.

e. “Public place” means the public way and any other location open to the public, whether publicly or privately owned.

2. Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more other persons in any public place designated for the enforcement of this section under subsection (A)(3) of this section, the police officer shall, subject to all applicable procedures promulgated by the police chief:

a. Inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited;

b. Order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and

c. Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within sight or hearing of the place at which the order was issued during the next eight hours.

3. The police chief shall by written directive designate areas of the village in which the police chief has determined that enforcement of this section is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. Prior to making a determination under this subsection, the police chief shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of gang activity in areas in which this section may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related to criminal street gangs; other personnel of that department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area; community based organizations; or others identified by the department who are familiar with the area. The police chief shall develop and implement procedures for the periodic review and update of designations made under this subsection.

4. The police chief shall by written directive promulgate procedures to prevent the enforcement of this section against persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the State of Illinois.

5. Any person who fails to obey promptly an order issued under subsection (A)(2) of this section, or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the eight-hour period following the time the order was issued, shall be guilty of a violation punishable, as follows:

a. A fine of not less than one hundred dollars and not more than five hundred dollars for each offense or the performance of up to sixty hours of community service for each offense, or both;

b. A second or subsequent offense within any twelve-month period shall be punishable by a fine of not less than five hundred dollars and not more than one thousand five hundred dollars for each offense or a mandatory minimum performance of sixty hours of community service but not more than one hundred twenty hours of community service for each offense, or both; or imprisonment for not more than six months for each offense;

c. Upon a third or subsequent conviction for a violation of this subsection A or subsection B of this section, or any combination thereof, within any twelve-month period, a court, in addition to imposing the penalties prescribed in this subsection, shall enter an order requiring the convicted person to refrain, for a mandatory period of thirty days, from gang loitering as herein described, or narcotics-related loitering as defined in subsection (B)(1) of this section, within sight and hearing of the place of the police officer’s order issued under this section or subsection B of this section, which served as the basis for the person’s most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this subsection A or subsection B of this section shall be subject to a mandatory minimum sentence of not less than five days’ imprisonment but not more than six months’ imprisonment for each violation or a mandatory minimum performance of sixty hours of community service but not more than one hundred twenty hours of community service for each violation, plus a fine of not less than five hundred dollars and not more than one thousand five hundred dollars, for each violation.

B. Narcotics-Related Loitering.

1. As used in this section, the terms identified hereafter shall be defined as follows:

a. “Narcotics-related loitering” means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate the distribution of substances in violation of the Cannabis Control Act, 720 ILCS 550/1 et seq., or the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., as such Acts are from time to time supplemented or amended.

b. “Public place” means the public way and any other location open to the public, whether publicly or privately owned.

2. Whenever a police officer observes one or more persons engaged in narcotics-related loitering in any public place designated for the enforcement of this section under subsection (B)(3) of this section, the police officer shall:

a. Inform all such persons that they are engaged in loitering within an area in which such loitering is prohibited;

b. Order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and

c. Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further narcotics-related loitering within sight or hearing of the place at which the order was issued during the next eight hours.

3. The police chief shall by written directive designate areas of the city in which enforcement of this section is necessary because the areas are frequently associated with narcotics-related loitering. Prior to making a determination under this subsection, the police chief shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of narcotics-related activity in areas in which this section may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related to narcotics-related activity; other personnel of that department with particular knowledge of narcotics-related activities in the proposed designated area; elected and appointed officials of the area; community based organizations; and others identified by the department who are familiar with the area. The police chief shall develop and implement procedures for the periodic review and update of designations made under this subsection.

4. Any person who fails to obey promptly an order issued under subsection (B)(2) of this section, or who engages in further narcotics-related loitering within sight or hearing of the place at which such an order was issued during the eight-hour period following the time the order was issued, shall be guilty of a violation punishable, as follows:

a. A fine of not less than one hundred dollars and not more than five hundred dollars for each offense or the performance of up to sixty hours of community service for each offense, or both;

c. Upon a third or subsequent conviction for a violation of this subsection B or subsection A of this section, or any combination thereof, within any twelve-month period, a court, in addition to imposing the penalties prescribed in this subsection, shall enter an order requiring the convicted person to refrain, for a mandatory period of thirty days, from narcotics-related loitering as herein defined, or gang loitering as defined in subsection (A)(1) of this section, within sight and hearing of the place of the police officer’s order issued under this section or subsection A of this section, which served as the basis for the person’s most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this subsection or subsection A of this section shall be subject to a mandatory minimum sentence of not less than five days’ imprisonment but not more than six months’ imprisonment for each violation or a mandatory minimum performance of sixty hours of community service but not more than one hundred twenty hours of community service for each violation, plus a fine of not less than five hundred dollars and not more than one thousand five hundred dollars, for each violation. (Ord. 2013-06 § 2, 2013)

9.04.027 Chronic illegal activity – Premises.¹

It shall be unlawful for any property owner, lessee or tenant to maintain, keep, lease or allow a house, room or other premises, including commercial premises, to be disruptive to the peace and well-being of the surrounding community. Houses, rooms or other premises, including commercial premises, are deemed to be a public nuisance and disruptive where frequent requests for police/ambulance service for noise, assaults, batteries, drinking of intoxicating beverages, loitering, gaming, fornication or other misbehavior can be documented. For purposes of this section, noise or sound, including music, of such volume as is clearly audible to a person with normal hearing at a distance greater than seventy-five feet from the premises lot line or measured at a level greater than sixty-five decibels from the premises lot line shall constitute a public nuisance.

A. For the purpose of this section “frequent requests for police/ambulance service” will be more than three responses to the same address within any ninety-day period.

B. It shall be the responsibility of the chief of police to notify the property resident or owner, in writing by certified mail or posting, that charges will be initiated and allow an opportunity to appeal such action at the time of the third incident. The owner and/or tenant and all parties connected with the maintenance thereof and all parties patronizing or frequenting the same shall be fined not exceeding two hundred dollars for each offense. In addition, the owner of a commercial premises which has been deemed a nuisance under this section may be subject to the revocation of his business and/or liquor license. (Ord. 2013-24 § 3, 2013)

9.04.030 Obscenity.

A. Elements of the Offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

1. Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or

2. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or

3. Publishes, exhibits or otherwise makes available anything obscene; or

4. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or

5. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or

6. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

B. Obscene Defined. A thing is “obscene” if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.

9.04.040 Public indecency.

A. Any person of the age of seventeen years and upwards who performs any of the following acts in a public place commits a public indecency:

1. An act of sexual intercourse; or

2. An act of deviate sexual conduct; or

3. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or

4. A lewd fondling or caress of the body of another person of either sex.

B. “Public place,” for purposes of this section, means any place where the conduct may reasonably be expected to be viewed by others.

9.04.050 Bathing.

It is unlawful for any person to bathe at any public place or in any place open to public view unless such person is adequately garbed.

9.04.060 Criminal trespass to land.

A. Whoever enters upon the land or any part thereof of another, after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or remains upon the land of another after receiving notice from the owner or occupant to depart, commits a Class C misdemeanor.

B. A person has received notice from the owner or occupant within the meaning of subsection A of this section if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.

C. This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.

9.04.065 Criminal trespass to unsafe property.

A. It is unlawful for any person to commit a trespass upon either public or private property which has been declared unsafe by the Illinois State Fire Marshal.

B. The superintendent of public works is authorized and directed to post the appropriate signs.

C. Any person violating any provision of this section shall be fined not less than two hundred dollars nor more than five hundred dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. dated 11-10-81)

9.04.070 Criminal trespass to vehicles.

Whoever knowingly and without authority enters any vehicle, aircraft or watercraft or any part thereof of another without his consent commits a Class A misdemeanor.

9.04.080 Loitering.

No person or persons, without good, undoubted and sufficient excuse, shall loaf or loiter about any street, alley, sidewalk, park, parking lot or other place or places frequented by the public in the village. No person shall, with other persons, congregate about or upon any stairway, doorway, window or in front of any business or dwelling house, theater, store, lecture room, church or elsewhere in the village and by so doing obstruct or interfere with the free passage of persons entering or occupying any such building or premises, or by his language, conversation or conduct, annoy, disturb or insult any person or persons passing along the streets or alleys or other public place or places frequented by the public in the village, or occupying, residing or doing business in any of said houses or places.

9.04.090 Damaging public property.

A. No person shall cut, injure, mark, damage or deface any public property, sewer, water pipe, hydrant or other public property, including vehicles and equipment, or any tree, grass, shrub or walk in any public way or public park.

B. No person shall commit any of the following acts:

1. Knowingly damage any property of another without his consent; or

2. Recklessly by means of fire or explosive damage property of another; or

3. Knowingly start a fire on the land of another without his consent; or

4. Knowingly injure a domestic animal of another without his consent; or

5. Knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound thereby intending to interfere with the use by another of the land or building; or

6. Knowingly shoot a firearm at any portion of a railroad train, which is a Class 4 felony; or

7. Knowingly damage the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or any other similar substance.

9.04.100 Removing sod or earth.

No person shall dig, cut or remove any sod or earth from any public way or other public place within the village without a permit from the superintendent of public works, or from any premises not his own without the consent of the owner.

9.04.110 Removal of sod along public way.

No person shall dig, cut or remove any sod or earth from any property adjoining or contiguous to a public way in such a manner as to leave the property in an unsafe or unsanitary condition, or in such condition as will constitute a public nuisance.

9.04.120 Open burning.

No person shall burn any paper, refuse, rubbish, garbage, debris and the like within the limits of the village.

9.04.130 Combustible refuse.

It is unlawful to permit or store any combustible refuse in such a way as to create a fire hazard or to store or throw away any refuse of any kind in any alley, street or other public way in the village. It is unlawful to dump, leave or deposit any refuse anywhere in the village, with or without the consent of the owner of the premises, which is or may be thrown about by the wind, which consists of garbage or any vegetable matter subject to decay, or which consists of flammable material so as to form a fire hazard. It is unlawful to leave or deposit or abandon any cases, cartons, car bodies or similar articles anywhere in the village.

9.04.140 Wind-blown refuse.

It is unlawful to deposit or leave any refuse or material in such a place or condition that it can be blown by the wind so as to be scattered or cause clouds of dust or particles. It is unlawful to permit the escape of soot, ashes or other solid products or results of combustion so as to be wind-blown or scattered.

9.04.150 Deposit of grass and rubbish prohibited in public streets.

It is unlawful for any person, firm or corporation to dump or deposit or cause to be dumped or deposited any grass, leaves, branches or any other things in the roadway or gutter of any public street in the village.

9.04.160 Possession or consumption of alcoholic liquor in public place or motor vehicle.

A. It is unlawful for any person to drink any alcoholic liquor as defined by law on any public way or in or about any motor vehicle upon a public way in the village.

B. It is unlawful for any person to transport, carry, possess or have any alcoholic liquor in or upon or about any motor vehicle upon any public way in the village except in the original package and with the seal unbroken.

9.04.170 Unlawful use of intoxicating liquor by minor.

Any minor who shall be intoxicated, or who shall purchase, offer to purchase, or in any manner obtain unlawfully for his personal use any intoxicating liquor, shall be fined not more than twenty-five dollars for the first offense, and not more than one hundred dollars for every subsequent offense.

9.04.175 Possession of drug paraphernalia.

A. For the purpose of this chapter, and interpretation and application thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural include the singular number. Words or phrases not defined shall be given their common and ordinary meaning unless the context clearly indicates or requires a different meaning.

“Controlled substance” shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., as amended from time to time.

“Drug paraphernalia” means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials, as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. It includes, but is not limited to:

1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;

2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;

3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;

4. Dilutents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;

5. Objects intended to be used unlawfully in ingesting, inhaling or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:

a. Water pipes;

b. Carburetion tubes and devices;

c. Smoking and carburetion masks;

d. Miniature cocaine spoons and cocaine vials;

e. Carburetor pipes;

f. Electric pipes;

g. Air-driven pipes;

h. Chillums;

i. Bongs;

j. Ice pipes or chillers;

k. Any item whose purpose, as announced or described by the seller, is for use in violation of this section.

B. In determining whether an object is drug paraphernalia for the purpose of enforcing this section, the following factors should be considered in addition to all other logically relevant factors:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of an owner, or anyone in control of the object under any state or federal law relating to any controlled substance;

3. The proximity of the object to controlled substances;

4. The existence of any residue of controlled substances on the object;

5. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or reasonably should know, intend to use the object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to direct violation of this section, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

6. Instructions, oral or written, provided with the object concerning its use;

7. Descriptive materials accompanying the object which explain or depict its use;

8. National and local advertising concerning its use;

9. The manner in which the object is displayed for sale;

10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like related items to the community, such as a licensed distributor or dealer of tobacco products;

11. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

12. The existence and scope of legitimate uses for the object in the community; and

13. Expert testimony concerning its use.

C. It shall be unlawful for any person to keep for sale, offer for sale, sell or deliver for any commercial consideration any item of drug paraphernalia.

D. It shall be unlawful for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing a controlled substance into the human body or in preparing a controlled substance for that use.

E. The prohibition in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopaths, physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the lawful course of their businesses or professions, nor to common carriers or warehouses or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties nor to persons suffering from asthma, or any other medical condition for which the person has a lawful right of possession of such drug paraphernalia.

F. This section shall not apply to the following:

1. A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act, 720 ILCS 635/0.01 et seq., as amended from time to time.

2. Items marked for use in the preparation, compounding, packaging, labeling or other use of a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale or personal use.

3. Items marked for, or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, packaging, storing or inhaling of tobacco or any other lawful purpose.

4. Items listed in the definition of drug paraphernalia that are marketed for decorative purposes, where such items have been rendered completely inoperable and incapable of being used as drug paraphernalia.

G. All drug paraphernalia shall be subject to forfeiture as provided in 720 ILCS 550/12 and 720 ILCS 570/505 as amended from time to time.

H. Penalties.

1. Any person who violates a provision of this section shall be punished with a fine not to exceed seven hundred fifty dollars and not less than one hundred dollars. Each day of the violation shall be considered a separate offense.

2. Any business that violates the provisions of this section shall be grounds for suspension or revocation of any business license granted under RMC Title 5. Such suspension or revocation shall occur pursuant to the procedures set forth in Chapter 5.02 RMC. This remedy shall be in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and conditions of this section. (Ord. 2014-09 § 3, 2014)

9.04.180 Firearms.

No person shall fire or discharge any gun, pistol or other firearm within the village, except upon the premises of a duly licensed shooting gallery, gun club or rifle club.

9.04.190 Unlawful possession of firearms and firearm ammunition.

A person commits the offense of unlawful possession of firearms or firearm ammunition when:

A. He is under eighteen years of age and has in his possession any firearm of a size which may be concealed upon the person; or

B. He is under twenty-one years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or

C. He has been convicted of a felony under the laws of this or any other jurisdiction within five years from release from the penitentiary or within five years of conviction if penitentiary sentence has not been imposed, and has any firearms or firearm ammunition in his possession; or

D. He is a narcotic addict and has any firearms or firearm ammunition in his possession; or

E. He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession; or

F. He is mentally retarded and has any firearms or firearm ammunition in his possession.

9.04.200 Hunting.

It is unlawful for any person to engage in killing any animal other than prescribed by law in the village.

9.04.210 Missiles.

It is unlawful to cast, throw or propel any missile on any street, alley or other public place; and it is unlawful to throw or deposit any glass, tacks, nails or other similar articles on any street, alley, sidewalk or other public place in the village.

9.04.220 Throwing objects on athletic fields.

No person shall throw, drop or place upon any baseball park, athletic field or other place where games are played, any bottle, can, trash or any foreign article that might endanger the public, or other glass receptacle or any broken bottle or other broken instrument or thing or any item which may cause injury to persons participating in any lawful acts on the athletic field.

9.04.230 Obstructing stairways or exits.

It is unlawful to obstruct or permit the obstruction of any stairway, aisle, corridor or exit in any office building, factory, hotel, school, church, theater, assembly hall, lodge or other public hall, or any building used by two or more tenants or families, in such a manner that it interferes with the free use of such stairway, aisle, corridor or exit.

9.04.240 Objects on sills or railings.

It is unlawful for any person to place or keep on any windowsill, railing or balcony, top of porch, or any other projection from any house, apartment building or other building in the village, any flower pots, wooden box, bowl, pitcher or other article or thing unless the same is securely and firmly fastened or protected so as to render it impossible for any such pot, box, bowl, pitcher or other article to fall into the public way.

9.04.250 Spikes in railings and fences.

No owner, lessee or person in possession of any building or premises in the village shall erect, maintain or permit to be erected or maintained on or about the stairway in, or the entrance to, such building, or on or about its exterior building line, or upon any portion of the sidewalk adjacent to such building, any railing, fence, guard or protection of any kind, upon which there shall be affixed or in any manner attached so as to protrude therefrom any spike, nail or other instrument of any kind or description unless such protrusion shall be an integral part of the fencing located entirely on private property, and unless any such protrusion, projecting vertically upward, shall be at least six feet in height above the ground, and unless any such protrusion, projecting vertically downward, shall be not more than six inches from the ground.

9.04.260 Fraud.

It is unlawful for any person in the village to obtain possession of any goods, property or thing of value by any false proceedings or by cheating or by fraud of any kind.

9.04.270 Untrue, misleading or deceptive advertising.

Any person, firm, corporation, association, or agent or employee thereof, who, with intent to sell, purchase or in any wise dispose of or to contract with reference to merchandise, securities, real estate, service, employment, money, credit or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, purchase, loan, distribution or the hire of personal services, or with intent to increase the consumption of or to contract with reference to any merchandise, real estate, securities, money, credit, loan, service or employment, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, or to make any loan, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this village, in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, label or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement or statement of any sort regarding merchandise, securities, real estate, money, credit, service, employment or anything so offered for use, purchase, loan or sale, or the interest, terms or conditions upon which such loan will be made to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, misleading or deceptive, shall be guilty of a misdemeanor.

9.04.280 Advertising unlawful business – Defacing advertisement.

It is unlawful to advertise any unlawful business or article in the village and it is unlawful to injure or deface any lawful advertisement or notice.

9.04.290 Posting bills.

It is unlawful for any person, firm or corporation to post any bills or advertisements on any public property without the authority of the village president and board of trustees. It is unlawful to post any bill or advertisement on any property without the written consent of the owner thereof.

9.04.300 Placing advertising matter in motor vehicles.

It is unlawful for any person, firm or corporation, whether a licensed billposter or not, to distribute handbills, circulars, dodgers, pamphlets, cards, pictures or any advertising matter of any kind whatsoever, by placing the same in or upon any motor vehicle standing or parked in the public streets of the village.

9.04.310 Abandoned refrigerators.

It is unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or for the manager, owner or lessee of such premises to knowingly permit such refrigerator, ice chest or icebox to remain in such condition.

9.04.320 Spiritist fraud, palmistry, and similar practices.

A. No person shall hold or give any public or private meeting, gathering, circle, or seance of any kind in the name of spiritualism, or of any other religious body, society, cult, or denomination, and therein practice, or permit to be practiced, fraud or deception of any kind.

B. No person shall obtain money or property from another by fraudulent devices and practices in the name of, or by means of, spirit mediumship, palmistry, card reading, astrology, seership, or like crafty science, or fortunetelling of any kind.

9.04.330 False alarms, complaints or reports.

It is unlawful for any person calling the number “911” for the purpose of making a false alarm or complaint and reporting false information which could result in the emergency response of any public safety agency. (Ord. 92-3 § 1, 1992)

9.04.340 Disorderly houses.

Every common, ill-governed or disorderly house, room or other premises kept for the encouragement of idleness, gaming, drinking, fornication, or other misbehavior is hereby declared to be a public nuisance, and the keeper and all persons connected with the maintenance thereof, and all persons patronizing or frequenting the same, shall be fined not exceeding two hundred dollars for each offense. (Ord. 94-16 § 1, 1994)

9.04.350 Duty to aid police.

It shall be the duty of any person in the village, when called upon by any member of the police department, to promptly aid and assist him in the execution of his duties. No person shall neglect or refuse to give such aid and assistance. (Ord. 99-06, 1999)

9.04.360 Laser pointers.

A. Definitions. For purposes of this section, “laser pointer” shall be any helium neon (HeNe) laser which typically operates at a wavelength of 832.7 nMe with the mandated power limit of 5mW of power. These lasers are considered Class 2 lasers with the potential for causing eye injury. Also a diode laser which typically operates at a wavelength of 670 nMe (although others are possible) with a power source providing 5mW. These lasers are considered Class 3a lasers with the potential for causing eye injury.

B. Prohibited Acts.

1. It shall be unlawful for any person under the age of eighteen years to have in their possession at any private or public place, except as provided herein, a laser pointer.

2. No person, firm, or corporation shall sell to or provide a minor with a laser pointer as described in this section unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer. No minor shall, at the time of purchase of a laser pointer, furnish fraudulent evidence of being eighteen years old or older. No minor shall, except while accompanied by a parent or legal guardian, possess a laser pointer as described in this section on any public property or on any private property, without the express permission of the lawful owner or manager of the private property.

3. It shall not be a violation of this section for a person under the age of eighteen years, to possess a laser pointer as described in this section while under the direct supervision of the parent or guardian of such person, when such possession is limited to the privacy of the parent or guardian’s home. (Ord. 99-06, 1999)

9.04.370 Replica firearms prohibited.

A. It shall be unlawful for any person to possess on their person, or use as if it were a real firearm, a replica firearm on the public ways, streets, parks or other locations within the corporate limits of the village, other than as prescribed by law.

B. For the purposes of this section the following term shall have the following meaning:

“Replica firearm” means any device, object or facsimile made of plastic, wood, metal or any other material, that a person could reasonably perceive as a real firearm.

C. The possession of a replica firearm is permitted on private property with the permission of the owner or if the device is solely used in theatrical productions, including motion picture, television and stage productions.

D. Any person who violates the provisions of this section, upon conviction thereof, shall be fined not less than one hundred dollars nor more than seven hundred fifty dollars for each offense. Each possession or use of any such replica firearm shall be deemed a separate and distinct offense. (Ord. 2007-48 § 1, 2007)

9.04.380 Sex offenders.

A. Presence within School Zone by Sex Offenders Prohibited. It shall be unlawful for any person required to register under the Sex Offender Registration Act, 730 ILCS 150/1 et seq., to:

1. Be present in any school building, be in or upon any property owned or leased for use by a school, or in or upon any property contracted by a school to transport students to or from school or a school-related activity, that persons under the age of eighteen attend, unless the sex offender is a parent or legal guardian of a student present in the school building or school property.

2. Loiter on a public way within five hundred feet of a school building or the real property comprising any school, public or private park, playground or athletic field, while persons under the age of eighteen are present.

3. Reside within five hundred feet of a school building or the real property comprising any school, public or private park, playground or athletic field that persons under the age of eighteen attend.

4. In addition to the above prohibitions, if the sex offender is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender shall not reside within five hundred feet of a commercial or home day care facility.

5. Nothing in this section prohibits a sex offender from residing within five hundred feet of a school building or the real property comprising any school, public or private park, playground or athletic field that persons under the age of eighteen attend, if the residence is owned by the sex offender and was owned prior to the date of enactment of this section.

B. Landlord, Homeowner, Property Manager or Other Persons in Control of a Residential Dwelling. It shall be unlawful for any landlord, homeowner, property manager or other person in control of a residential dwelling, whether an owner-occupied dwelling or a rental unit, to knowingly allow any person required to register under the State of Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq., to:

1. Rent, lease or otherwise allow a sex offender to reside at, or remain on or in, any residential dwelling that is within five hundred feet of a school building or the real property comprising any school, public or private park, playground or athletic field, that persons under the age of eighteen attend. In addition, if the sex offender is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, to rent, lease or otherwise allow a child sex offender to reside at or remain on or in any residential dwelling that is within five hundred feet of a commercial or home day care facility.

C. Penalties.

1. Any person guilty of violating this section shall be subject to civil penalties and fines not to exceed seven hundred fifty dollars per day for each day that the violation(s) existed.

2. The civil penalties here imposed shall be prosecuted through the administrative adjudication ordinances established in the Municipal Code of the village. (Ord. 2007-49 § 1, 2007)

9.04.390 Boisterous parties or gatherings.

A. Prohibited Actions. It is unlawful for any persons who are in possession of, or are record owners of, a premises to permit guests, tenants, invitees, visitors or trespassers to engage in any of the following activities:

1. Create such noise as disturbs and interrupts the peace, quiet and repose of the neighborhood;

2. Amplify music or other sounds to disturb the peace, quiet and repose of the neighborhood;

3. Litter public property;

4. Trespass onto adjacent private property without specific consent of the owners of that private property;

5. Litter private property without consent;

6. Block or obstruct public rights-of-way;

7. Allow harmful, offensive or noxious odors to permeate the air of adjacent property; and

8. Engage in fighting, boxing, wrestling or any martial art.

B. Authority to Order Dispersal. Any police officer of the village may order all persons present at any such boisterous party or gathering, wherein any or all of those persons present are engaging in any of the foregoing prohibited activities, to disperse immediately.

C. Duty of Owners or Occupants to Abate Disturbance. Owners or occupants of the premises, upon being given a dispersal order by any police officer, shall immediately abate the disturbance within fifteen minutes, and, failing to do so, shall be in violation of this section.

D. Resumption of Party Constitutes Second Offense. In the event that the boisterous party or gathering on the premises reconvenes within one hour of the order of abatement by any police officer, such resumption shall be considered a second offense.

E. Penalties. The penalties for violation of this section shall be:


1. First offense	$150.00;
2. Second offense	$250.00;
3. Third offense	$500.00.

F. Reimbursement of Village. Any person found guilty of violating any subsection of this section shall be responsible and reimburse the village for all actual costs in excess of normal patrol expenses incurred in dispersing and/or controlling and cleaning public property following any such boisterous party or gathering. (Ord. 2008-24 § 1, 2008)

Code reviser’s note: Ordinance 2013-24 adds these provisions as Section 9.04.025. The section has been editorially renumbered to prevent duplication of numbering.